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Jurnal Cakrawala Hukum
The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of scientific communication and a means of fostering, developing and strengthening knowledge in the field of law. Academics, legal practitioners, or anyone interested in the field of law may submit his papers to the editor with the guidelines in writing. Coverage includes, but is not limited to Employment and industrial law, Corporate governance and social responsibility, Intellectual property, Corporate law and finance, Insolvency, Commercial law and consumer protection, Environmental law, Taxation, Competition law, and Regulatory theory. Researchers in all law fields are encouraged to contribute articles based on recent research.
Articles
91
Articles
TERBITNYA SERTIFIKAT HAK ATAS TANAH AKIBAT PERALIHAN HAK YANG CACAT HUKUM

Susilaningsih, Tri ( Fakultas Hukum Universitas Merdeka Malang )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

The transfer of land rights is a process of transferring the right of ownership of one person lawfully and to the ownership of the new person forever as long as the rights are not transferred. Authentic deeds are the basis or evidence of such transfer of rights made by the land deed. The registration of the transfer of rights is a means of obtaining legal protection from the controlled land. The principle of land registration should reflect a thoroughness of ownership of the land and the rights of third parties affecting it. The transfer of rights as stated in the provisions of Government Regulation No. 10/1961 on Land Registration and Government Regulation No. 24/1997 on Land Registration. Submission by this Deed means that the ownership of the land has been transferred from the old owners of the new ownership and the new owner is obliged to register his land rights in the National Land Agency to obtain legal certainty and legal protection. The proof of ownership is a Certificate. There are times when the issuance of Certificates is due to the transfer of a right or legal disability ground.

IMPLEMENTASI HAK PEKERJA DALAM HAL UPAH DI KANTOR NOTARIS

Wisnuwardhani, Diah Aju ( Faculty of Law University of Merdeka Malang )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

Traffic law, almost all legal acts require legal guarantees for such actions. One of the legal guarantees is an authentic deed made by a Notary. The Notary attributively has the authority to make authentic deeds, to ratify deeds under the hand as well as to some other authorities regulated by the Notary Law. Implementation of such authority, the notary requires employees (workers) to serve and expedite services provided to the parties or clients of the notary. As workers, notary employees are entitled to wages and other rights as workers as stipulated in the Manpower Act. On the one hand, a notary public, a notary as well as an employer who is obliged to perform wages and other rights of workers as stipulated in the Manpower Act. Working relationships conducted by workers and employers are generally subordinate in nature. The position of the workers in the employment relationship, in terms of economic social is lower than the employer, for the workers need a container to reach the point kesedarajatan with employers. The most prominent civil and political rights needed by every worker is the right to peaceful assembly and assembly.

KARAKTERISTIK ISLAMIC BANKING DALAM HUKUM PERBANKAN INDONESIA

Lathif, Muhammad Abdul ( Fakultas Hukum Universitas Brawijaya )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

The purpose of this study is to examine, describe and analyze holistically, comprehensively on the characteristics of Islamic Banking in Indonesian Banking Law. This research is normative juridical. The result of the research: Islamic banking has the main character that becomes the principle of Islamic Banking system in Indonesia that is the universal view that Islamic banking is applicable to every person regardless of religious difference and economic ability. Variations that the product varies from hajj and umrah savings, general savings, demand deposits, time deposits, profit sharing, buying, and selling. Facilitate that the acceptance and distribution of zakat, infaq, alms, wakaf of virtue fund have ATM facility, mobile banking, internet banking and interconnection among Islamic Banking. It is fair that Islamic banking gives something only to the right and treats something according to its portion. Maslahah Islamic banking is useful and brings virtue to all aspects of life. Transparent Islamic banking activities are very open to all people. as well as honest transactions in executing a contract/ contract. Looking at some of these characteristics, we can understand that Islamic Banking in Indonesia already has a solid initial foundation as an implementation of the Islamic Economic Philosophy.

ITIKAD BAIK PADA PENDAFTARAN HAK ATAS TANAH DALAM SISTEM HUKUM PERTANAHAN

Setyo Putri, Ayu Bimo ( Fakultas Hukum Universitas Brawijaya )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

In 1961 the government enacted Government Regulation No. 10 of 1961 on Land Registration, but this regulation can no longer fully achieve maximum results in national development, so it is deemed necessary to make improvements. The purpose of this study is to know and analyze the meaning and benchmarks of good faith in Article 24 Paragraph (2) of Government Regulation No. 24 of 1997 which regulates the procedure of registration of land rights derived from the old right, if evidence is lacking or not at all. This study uses a type of normative juridical research using the approach of legislation and conceptual approach. The meaning of good faith from the experts is not contrary to the existing rules, proper, honest, and does not intend to enrich themselves by harming others. A good measure of faith in the registration of physically controlled land rights uses objective benchmarks in an objective way, if all requirements are met, then it can be said to be in good faith. The procedure provided by this Regulation has provided justice and legal certainty, as the procedure is clear, and if the applicant is proven to do the forbidden, then it may be criminally and civil liable. 

PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PENIPUAN MELALUI INTERNET

Budiastanti, Dhaniar Eka ( Fakultas Hukum Universitas Merdeka Malang )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

The development of technology in addition to bringing positive impact, in its development also bring negative impact. The crime of using the internet as a means of committing crimes has increased substantially in the State of Indonesia as a form of negative impact. The Internet is used as a means to commit a crime, one of which is fraud. The protection granted by the Law of the Republic of Indonesia Number 19 the Year 2016 on Information and Electronic Transactions in the form of settlement of cases and the provision of criminal sanctions provided to the suspect or defendant. Article 28 paragraph (1) of the Law of the Republic of Indonesia Number 19 the Year 2016 on Information and Electronic Transactions may indicate as the article regulating fraud, but if examined more deeply, the elements contained in Article 28 paragraph (1) Law -The Republic of Indonesia No. 19 of 2016 on Information and Electronic Transactions is still considered less to meet the elements contained in the act that provides fictitious information in terms of sales of goods in cyberspace. Another case with Article 378 of the Criminal Code, which detailed parse elements of acts that provide fictitious information.

PERLINDUNGAN HUKUM BAGI KONSUMEN PADA KASUS KEAMANAN PANGAN OLEH KEJAKSAAN

Mulyono, Galih Puji ( Faculty of Law University of Merdeka Malang )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

Food safety and safety worth consumption, intended to ensure the safety and security of consumers in the use of goods and services or produce products of business actors so that consumers can avoid physical and psychological losses. Unsafe food products that are circulated and consumed in the community are deliberately made by the perpetrators by ignoring the right of the people to consume food that is safe for their living needs and violate existing legal provisions. Law enforcement in protecting and providing food security to the community is required as a form of law not just existing and enforced to the community but can help realize the true happiness. Law enforcement, in this case, the role of the prosecutor as a public prosecutor is needed to protect consumers and the creation of legal certainty and justice. Legal regulations applicable in the case of consumer protection are not interpreted as partial by law enforcement, but comprehensively with the basis of the main purpose of legal protection for the community. The role of prosecutors in law enforcement should be more considering the adverse impact on long-term consumer health should be considered and accountable to business actors. 

TANGGUNG JAWAB NOTARIS ATAS AKTA PERNYATAAN KEPUTUSAN RAPAT

Munandir, Jonathan Adi Biran ( Fakultas Hukum Universitas Brawijaya ) , Luth, Thohir ( universitas brawijaya malang )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

The authority and responsibility of the notary on the deed of Statement of Meeting Decision and to analyze the strength of notary proof of the deed of Statement of Meeting Decision. The method used in this research is normative law research with approach method of legislation. The primary, secondary and tertiary law materials obtained by the authors will be analyzed by using literature techniques using grammatical and logical legal interpretations. The result of research with the above method indicates that Notary of Notarys responsibility to Statement of Meeting Decision is only responsible only for formal truth, while the truth of the contents of the deed is the responsibility of the parties to the notary because the notary does not know and attend the meeting. The Declaration of Decision of the Meeting includes the evidence of letters and including the "Partij Deed" category made by the general officers appointed by oath and against the verification otherwise able to be challenged, without accusing his falsehood, by stating that the statements of the parties concerned are described in full in the deed, but the information is false, meaning that the information given is permitted otherwise.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS IKLAN YANG MELANGGAR TATA CARA PERIKLANAN

Laila, Khotbatul ( Fakultas Hukum Universitas Merdeka Malang )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

The process of the birth of an ad is a very important process for a product marketing of a company because advertising is the lifeblood of a company. Advertising process is a very important step to determine the success of a company for its products. There are advertising rules agreed by several parties to create ads. The rule is called the advertising code of ethics which states that advertising must be honest, responsible and not contrary to applicable law is very relevant to the articles contained in the Consumer Protection Act. Therefore, the importance of avoiding fraud done by the producers, it is necessary to include information related to the product in order to protect the interests of consumers. In Indonesia, there are no laws that specifically regulate the advertising, making the rules about advertising is still subject to some rules of law. Consumers have a lot of confusion when going to claim compensation related violations of violations in the advertising world because it is still a blurring the person in charge of the violation.

ANALISIS KOMPILASI HUKUM ISLAM TENTANG TOLOK UKUR HIBAH YANG DIPERHITUNGKAN SEBAGAI WARISAN

Rahmita, Naviri Masma ( Fakultas Hukum Universitas Brawijaya Malang ) , Budiono, Rachmad ( Universitas Brawijaya )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

Article 211 The Compilation of Islamic Law describes grants from parents to their children. The issues studied are what benchmarks grants from parents to their children can be counted as inheritance and what are the benchmarks of grants from parents to their children accounted for as grants. This research uses Legislation Approach with normative research type. The legal material of this research is primary, secondary and tertiary legal material. The results that can be concluded in the study of this journal are all gifts that parents give to their children that are not related to the cost of childcare, whether physical growth, spiritual and that pertains to the childs education then the gift is considered as an inheritance. While the benchmark of grants from parents to their children is taken into account as grants are all grants given to parents of parents to their children either giving related to the cost of childcare and education of children as well as gifts that are not related to the maintenance of children and also the education of children, whose nature does not expect the reward of the gift, then the gift is taken into account as a grant.

ANALISIS YURIDIS TERHADAP YAYASAN YANG TIDAK MENYESUAIKAN ANGGARAN DASARNYA

Anisa, Nury ( Fakultas Hukum Universitas Brawijaya )

Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

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Abstract

Foundation is a legal entity consisting of wealth that is separated and destined to achieve certain goals in the field of social, religious, and humanity that has no members. Foundation is a legal institution that has binding legal force. The existence of foundations is recognized in Indonesia both before the introduction of the Foundation Law and after the Foundation Act. The Foundation in its Articles of Association in Article 71 Paragraph 4 of the Law of the Republic of Indonesia Number 28 Year 2004 regarding Amendment of Law of the Republic of Indonesia Number 16 Year 2001 regarding the Foundation argues that a foundation that has not adapted cannot carry out its activities on behalf of the foundation but becomes a associations based on the Civil Code. The foundation which does not adjust the articles of association according to the given time period is null and void and must be liquidated. With respect to null and void, the foundation is not allowed to use the word "foundation" in front of the foundations name which resulted in the foundation not obtaining the legal entity status and the existence degradation of the foundations status.